In Switzerland private employment and temporary recruitment are governed. When using an agency in your search for a family, nanny, newborn care specialist or au pair always make sure the agency has the correct licenses in place to operate in Switzerland!
SNA is a voluntary membership organization only open to nanny agencies with the required license to operate in Switzerland, have a look at our Agency Members here :
The details:
Placement activities are regulated by the Confederation through three legal acts:
The Federal Law on Employment and Labor Leasing (Loi fédérale sur le service de l’emploi et la location de services, LSE).
The Ordinance on Employment and Labor Leasing (l’ordonnance sur le service de l’emploi et la location de services, OSE).
The Ordinance on Wages, Commissions and Securities provided for by the Law on Employment (l’ordonnance sur les émoluments, commissions et sûretés prévus par la loi sur le service de l’emploi, Oemol-LSE).
What is considered placement?
A person is deemed to be providing a placement service if he or she introduces job-seekers and hirers for the purpose of concluding a contract of employment.
Any person who gives a hirer an indication that a contract might be concluded is deemed to be providing a placement service. Whether a contract is subsequently concluded is immaterial.
Introduction includes not only the establishment of contacts in the office of the placement agency, placement can take place through the internet, printed media, telephone, television, radio,..
Placement includes:
Seeking out and selecting possible parties to a contract.
Making available a medium through which one party to a contract can make public that he or she is seeking a position or has a position to fill (for example by means of an Internet search engine).
Offer a job-seeker the opportunity to advertise his or her personal details
Recruitment agencies established outside Swiss territory are :
Not authorized to recruit for jobs in Switzerland.
Not allowed to recruit job seekers in Switzerland for jobs abroad.
Liability and fines
Agencies without a valid license and agencies established outside Swiss territory involved in recruitment activities with relevance to Switzerland are liable to fines of up to CHF 100 000.
Employer who use the services of a non-authorized agency are liable to fines of up to CHF 40 000.
Sources:
Federal Act on Employment Services and the Hiring of Services (AVG/LSE): https://www.admin.ch/opc/fr/classified-compilation/19890206/201804170000/823.11.pdf
The Ordinance on Employment Services and the Hiring of Services (AVV/OSE) https://www.admin.ch/opc/fr/classified-compilation/19910007/201807010000/823.111.pdf
The Ordinance on Fees, Commissions and Sureties under the Law on the Employment Service and the Hiring of Services (GV-AVG/TE- LSE)